TO THE RESIDENTS AND “MEMBERS” OF HSVPOA
Written by Karen Daigle Lundberg, HSV Property Owner
As Hot Springs Village is wading deeper and deeper into litigation on different matters, both as the Complainant and the Defendant, I have an interesting note for everyone. As you will see on every litigation matter HSV is involved in, whether Complainant or Defendant, the name on the pleading is HSVPOA. And as we have all been told countless times, the Board of Directors nor Lesley Nalley are allowed to discuss with the members of the POA anything about the litigation; that it is confidential.
So I ask you all to ask yourselves these questions:
1) WHO is HSVPOA;
2) is HSVPOA strictly our Board of Directors; and
3) is HSVPOA a combination of our Board of Directors and Lesley Nalley?
The answer to all three of those questions is a resounding NO. HSVPOA is each and every member who owns any property in Hot Springs Village. Simply put, WE are all being sued, and WE are all told we can know nothing about it. If someone is suing ME, I have every right in the world to be informed of every single item, pleading, discussion, or any information whatsoever with regard to that litigation. As members of HSVPOA, WE are also being sued, and we are being told that we can know no details about it? Is there anyone out there that agrees that we should be kept in the dark over what we are being sued on or suing about, and all of the details associated with those suits? I certainly don’t.
So, I am going to be filing a Complaint, pro se, in each and every one of the lawsuits that HSVPOA is involved in, stating to the Court that HSVPOA is not being informed of the details and process of the lawsuit, and the fact that WE are HSVPOA, and are entitled to all documents associated in the cases.
I am willing to file these Complaints. I am asking all of you to stand up, rise up, whatever it takes to let Lesley Nalley and our Board of Directors know loudly that this is a lack of their fiduciary duties, and could quite possibly be illegal. You CANNOT withhold documentation from any person involved in a lawsuit. It is that simple. I am asking for support from the Village in telling our Board and Lesley Nalley this, and I will take care of the necessary legal documents. Neighbors need to support neighbors. We have come a long way in a year, but we still have a long way to go. But this action can be stopped!!
Thank you all for your support.
I GIVE MY PERMISSION TO SHARE THIS POST!!
Written by Karen Daigle Lundberg, HSV Property Owner
Andy Kramek
05/09/2019 — 3:06 pm
Interesting viewpoint and may well be correct. I will support any proper (i.e. legal) action. If only because I agree that we, as property owners and members of the POA, are being denied access to information that is relevant to us.
Scot Decker
05/09/2019 — 3:16 pm
If view point is correct, I will also support. Not being an attorney, will have to ask people I know their opinion.
Tom Blakeman
05/09/2019 — 6:33 pm
Thank you Karen Lundberg. I believe you are correct and I support you.
Here’s a question: Why would anyone want to invest in a home in HSV if they were aware of multiple lawsuits in progress?
Answer: They probably would think twice.
Solution: Don’t run the business such as to get involved in these disputes to begin with; and, settle these things now; and, stop wasting OUR money.
Karen Daigle Lundberg
05/09/2019 — 7:10 pm
I totally agree with you, Tom Blakeman. Attorneys’ fees by the thousands of dollars are adding up, and all of the lawsuits would never have become lawsuits had our CEO and old BOD decided to do the right thing, instead of continuing to not disclose information required to be disclosed, been honest about the security gates, and most definitely not made a loan to any person whatsoever. Every one of these lawsuits are unnecessary, yet we, as the members of the POA, are paying for all of them. To add insult to injury, all information regarding these lawsuits which WE are involved in, all of the information is being kept from us. Unacceptable!!
Steve rust
05/09/2019 — 8:06 pm
I agree. I hope this works.
Kirk Denger
05/09/2019 — 11:40 pm
Karen, everyone can see that the Emperor has no clothes, but we were all afraid to say it. Thank you for being the first, in your innocence to proclaim this fact. Add my name to this complaint and make it a class action. Following the money, our board has left everything to the CEO, including the hiring of attorneys which makes her the sole client in the attorney-client relationship. For sure even the BOD do not know what the CEO does not want them to know. Thank you, Karen and the HSV People for making this revelation manifest for the rest of us less able property owners. We are all in this together.
Andy Kramek
05/10/2019 — 7:42 am
The Bylaws of the Association are pretty clear on this one:
ARTICLE XV
Books and Papers
Section 1. The books, records, and papers of the Association, with the exception of personnel records, records or documents protected by a court order, or any documents whose disclosure will be harmful to the Association, shall at all times, during reasonable business hours, be subject to the inspection of any member in good standing.
So it seems that the argument would be about whether making papers relevant to litigation (whether actual or proposed) available are either “protected by court order” (probably not) or would be “harmful to the Association”.
Karen Daigle Lundberg
05/10/2019 — 1:42 pm
Thank you all for your support. I am going to need any and all of it. There are a couple of things I would like to point out. With regard to a class action, no new lawsuit needs to be filed. WE, as the Property Owner’s Association, are already in the lawsuit, simply as members of the POA. Whether Nalley and/or the Board agree with this, it is true. So we do not need to bring a new action. What is needed is a pleading filed with the Court giving notice to the Judge that WE are all being sued, and all information regarding the suits in which we are named are not being disclosed to us. Then an Order needs to be prepared for him to order the BOD and Nalley to disclose the documents. Now, the Judge has the right to say no. It would not be correct, but he does have that right. My next step is to put the Board and Nalley on notice that they have so many days to disclose all documentation with regard to all of the lawsuits in which WE are named. And not be available for inspection at their offices, but posted on their website for members only. Of course, I do not expect her to comply, but I have at least put them all on notice, so when I do file the pleading with the Court, I will be able to say that we have demanded access to the documents and been refused. I do, very much, appreciate all of your support. If others would like their names added to the letter to Nalley and the Board, I will defer that to Cheryl Dowden on how we can make that happen. Cheryl is much better at handling those types of things than I am, and if there is a way to do it, she will be the one who can. Thank you all.
Jayne Dell
05/10/2019 — 3:43 pm
Thank you Karen, and thanks to everyone who responded. I believe the majority of owners are fed up with being told it’s none of our business. It is OUR business and I back you 100%.
Jayne Dell
05/10/2019 — 3:44 pm
Thank you Karen, and thanks to everyone who responded. I believe the majority of owners are fed up with being told it’s none of our business. It is OUR business and I back you 100%.
Vicky Didion
05/11/2019 — 4:29 pm
You have my full support!
Vicki Husted
06/03/2019 — 3:49 pm
Thank you Karen! You have my support as well.
marti mather
07/08/2019 — 8:13 pm
Leslie uses our funds for her errors. She must feel entitled (there’s that word again) to put her hand in our pockets without having to give us an explanation. I only wish there were a way for us to back out and leave her with the bills she has incurred in our names and without our approval.
David Ellison
09/01/2019 — 3:20 pm
I’m a little tardy here, just found this post online. Appears a class action for infringement of rights as a POA Member may be in order. Your thoughts.
Grisham Phillips
01/28/2020 — 1:13 pm
All court pleadings in a case are available online. Just search caseinfo.ar and click on one of the sites. If you know the case number, click on “Display case information,”
click on “accept,” enter the case number (all Saline County civil cases start with 63CV. For example, 63CV-19-256) and click on “submit.” If the case number is unknown, search by name. Because there are a multitude of cases in which HSV or HSVPOA is a party, it is helpful to know the name of an individual party and search using that name.